congratulations. thanks for watching this special edition of the factor. please remember the spin stops here. definitely looking out for you. after all the glitches, delaysnd exemptions, fixes and general chaos, there was no stopping it. as of midnight last night, obamacare plans are now in full effect. welcome to america's news headquarters and happy new year, everyone. >> happy new year. good to see you all. so as open enrollment continues, you can bet the white house and many americans alike will be watch to go see how things run as millions of enrollees can now head to their doctors for the first time and find out if it was worst the wait. we're live in washington with the latest.

hi, mike. >> yeah, the obama administration is clearly hoping with the new year the headlines will change after a bumpy few months late in 2013. they're hopeful that as people start receiving benefits, the headlines will in effect change. came le kathleen sebelius expressed hope and said there may be bumps ahead. >> i'm sure there will be some issues. there always are. people change plans every year. these are private plans in a private market. and there are millions of people who change their insurance coverage every day. but we've done a lot of outreach with pharmacies and doctors and hospitals and consumers and hope to make the transition as smooth as possible. >> it's gotten a great deal of coverage and there is a concern there is a disconnect between the government collecting the information on americans and what is being received by the insurance companies. one expert says there will

probably be issues when people try to use those new benefits. >> i think there will be more confusion and more tumult as people go to their regularly scheduled checkups once doctor's offices open and it's not just hospital emergency rooms. so i think there will be some confusion of people who may have done well on the front end of the website but didn't actually get all their information transferred through the back end of the website. and i think that's where the problems will lie. >> there is also concern the individual mandate requiring everybody to buy some form of insurance is nearly impossible to enforce because the only mechanism they have to go after hose those people is to go after their tax refunds. so if you don't have a tax refund, it's kind of hard for the government to collect the money. >> all right. mike are thank you very much for that report. a lot is at stake here. lawmakers have a lot riding on how the health care system works and it could affect the future balance of power in congress.

we head into the campaign season right now for midterm elections. join me is jamie weinstein. happy new year to yyou. people may find out they thought they bought coverage, they didn't. but beyond that, insurance is a very complicated industry. people dc didn't always understand what they were buying on line. so for some people, it's like having no insurance at all. does this have the potential to get uglier before it ever gets better? >> there is no question. in the specific case what have happens now on january 1st, apup specified number of cases people may go to get service from their doctor only to realize that they aren't covered, they didn't pay the premium yet, or that it wasn't properly transmitted to the insurance company. that will probably occur.

it's hard to say how regular that will be. but as you mentioned, there are larger questions beyond that about obamacare in general. will enough young people sign up? we still don't know this. to subsidize the old. medicare, will they find doctors. will the people that signed up be able to see doctors on a regular basis or will they like a lot of places in europe have to wait mochtsed a months to see a specialist. we don't know this yet. it starts today and we'll begin to find out what exactly obamacare will do to our health care system and that of course will have political consequences. >>. >> quality of care could go down. but some americans are suffering not one, but two of the president's broken promises. you can keep your plan and your premium will go down. today's "new york times" recounts the 1k3er7s of one woman who was actually kicked off of her plan because of obama care. the best she could do on the

exchange was a plan that cost her double the amount in premiums. here is a quote. i was really shocked, it's pain pl because there are other things i'd rather do with that money especially when it's hard to see the value will is for me personally. and she had a bronze plan. that's what she bought. which means she will have an incredibly high deductible that she may find out she can't afford that which is like having no insurance at all. >> you're touching on what may be the big political problem that will result in this year. as you mention, a lot of people in 2013 were either thrown off their plan or significantly altered and they often had to pay a higher premium or higher deductible if they had to get a new plan in the obamacare exchanges. in 2014, we're expecting to see and the administration has admitted millions upon millions will be losing their plan or seeing their plan altered especially those who have employer based coverage. so will this will be a whole new round of people who will be affected by obama care and that

could have serious political ramifications. as you know, if you're a partisan democrat but you lose your health care plan and have to pay more for it, your ideology will go out the window especially when you you thought as the president said could you keep your plan if you like it. so this is where i think the political problem could be for the democrats in 2014. >> let me dig deeper into something you mentioned at the outset, the promise that you you get to keep your doctor which has proven to be untrue. some of k39 change plans can clud your doctor or exlewd the specialist. and the core later is the president's this would be fourth promise that, quote, nobody gets between you you and your doctor in decision making. he said that over and over and over again. that's untrue. blatantly so. section 1311, i looked it up an hour ago, of the law gives health and human services department blanket authority to dictate or doctors treat patients even those who have private plans. so here you have kathleen sebelius who for many in america

has become the symbol of incompetence over this. she and her department can step between you and your doctors. is that a troubling issue in the midterms? >> you had the analyst who wrote an op-ed talking about how he's concerned about how his relationship with his patients will be changed as a result of obamacare. he won't be able to spend as much time as he needs to he fears which of course is a significant thing because more time you spend with a patient, the more you get to understand what their ailments are and maybe better be able to diagnose them. so i think that will be an issue. and again, we're all going to see this right how. begins today. so we'll start to see the effects of obama care on the u.s. population. and we'll see if those have any political ramifications. i expect they will in 2014. >> that was an op-ed by dr. seagal. jamie, good to see you. happy new year to you. >> happy new year to you.

at least 13 people injured when a massive fire breaks out in an apartment building in minneapolis where subzero temperatures only made the job for firefighters more difficult. there were explosions, reports of an explosion right before the flames. will khar is joining us with more of the details. what happened there, will? >> the 13 people that you mentioned were hurt, six are in critical condition. there is the potential people are still inside. this explosion happened just after 8:00 this morning. some people who lived in the building made out, others had to jump or be rescued by ladder. to give you an understanding, it's a three story building. there is a grocery store on the bottom floor. there are apartments on the second and third floors. witnesses say that some people who lived on those second and third floors fell out or jumped out of windows.

here is how one witness described the scene. >> there was one guy at the window saying help me, help me. and another guy going aah! police had shown up already. they got here really fast. >> according to a local paper, the grocery store owner was on the scene just after 8:00. apparently reported an electrical shock. so he called police. he caulked outside. started talking to officers. that's when he reported an explosion on the second floor and when firefighters arrived, second and third floors were engulfed in flames. >> they did the best they could gaining entry until the conditions were so poor, we removed all the firefighters from the structure. >> crews have not been able to get inside and they are battling freezing temperatures. at one point it was negative 19

degrees that was with the windchill. and also there was damage to some adjacent structures including a mosque that was actually behind this building. so it will take them quite a while to get a hold on this fire and all the damage around it. >> indeed. okay, will carr, thanks so much for the update on that story. >> you bet. former first lady barbara bush's condition has not changed. that's word from a family spokesperson. she was hospitalized in houston for a respiratory problem on monday. she's said to be in great spirits. and her husband former president george h.w. bush and other fael members visited with her. she's 88 years old. and we have some sad news out of hollywood. star of the hit show fresh prince of bellaire has passed away. james avery, he played uncle phil on the show, he died on new year's eve at a los angeles hospital. the 67-year-old actor underwent open heart surgery recently and he died from complications from

the the man who played his son on the show tweeted his condolences saying that avery was like -- james avery, pardon me, was like a second father to him. and it's so sad. i had an opportunity to guest star on that show. >> did you? >> yeah. and he's one of those guys who just always imparted so much inspiration to those under him. he's not that old, but he just was always full of wisdom and so kind. and really sad to hear that -- his mother lives here in jersey city, atlantic city, and, yeah, he's got a son, a wife. just a really good man. you hate to hear that. >> our condolences to his people. he will be missed. two terror attacks in rush sharks t russia as the country gets set to host the winter olympics. putin makes a renewed push to

fight the terrorists.as the cou the winter olympics. putin makes a renewed push to fight the terrorists. how do we keep athletes and americans safe? plus tragedy on the field just after this photo taken at yesterday's big college bowl game. and duck dynasty star willie robertson speaking to fox news addressing his father's controversial comments that got him suspended by the a and e network. >> you have been in the news for weeks now. and really it's our first opportunity to ask you you a question about all the stuff that went on throughout you, your family and the show. what did you think of a and e's decision regarding your father a couple weeks ago is this [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪

[ male announcer ] this december, experience the gift of exacting precision and some of the best offers of the year at the lex december to remembesales event. of perfection.

dave martin died after

collapsing last night during a college football championship game in atlanta after martin ran on to the field when texas a and m beat duke. here is the last picture he took. it's of players dunking a texas head coach. doctors say he died at a nearby hospital from an apparent heart attack. meanwhile there is no doubt terror played a role in two deadly explosions which happened in the country set to host the winter olympics just weeks from now. russian president putin vowing to annihilate terrorists after bombers hit a controlly bus and a train station in volgograd. the attacks killed 34 people. and now the u.s. state department urging athletes traveling to russia to be on alert. so how vulnerable are the olympic games? joining me now, captain chuck nash and fox news military analyst. good to see you. >> nice to be with you. happy new year. >> so of course putin has to

protect the people. keep the winter games safe. he doesn't want the pr disaster. he certainly doesn't want human disaster. so how should he handle this? will the winter games be safe? >> russians are a very capable of running a police state. they have run it that way since its inception. so i don't think they will have a problem pulling up all the people necessary to keep the immediate venues of the olympics safe. the problem is all the feeder routes.airpo routes. the airports, train stations, bus stations. russia covers 12 or 13 time zones and the cautioscus battle have been going on for decades. these people are determined and vicious. so they won't be intimidated by stepped up security that mr. putin puts on. but it will be of historic proportions let me tell you that.

it will be pretty intense. >> what are you say, captain nash? >> what i'm saying is these guys are not going to back down. these terrorists are vicious, they will keep coming and if they can't get into sochi, they will look for other high profile targets and attack them. >> wow harks , that is pretty d in your speech there. you kind of hinted at the history of hatred there inside of russia. how does that complicate what is happening now? >> gleef answrievances are on b. the russians don't play by the rules either. the grievances are on both sides. the terrorists believe they have been wronged. but they'res islamic fundamentalists. and so they have a religious perspective on top of this. in their minds, they're doing

what the koran is telling them to do, which is to kill the nonbelievers. so it's part of the tenant of the religion. and they're following through on that. so you have not only the grievances from past injustices in their mind, but you have a religious component which makes it even all the more powerful. >> all the more powerful and complicated. you have the guy who likens himself to the osama bin laden of russia, telling his followers that we have to sabotage or disresult the winter games, the games of satan. and then i want to go paback to what you said saying if they can't penetrate sochi, that they will go to outlying areas about as you know, captain nash, when people go to the olympics, rarely are you able to find hotel rooms right in the center of town. so a lot of times you may be staying 45 minutes out on a subway or train or something. so that would make me nervous if

i'm heading to that area. >> i won't be attending the olympics this year even if someone gave me a ticket, i don't think i would go. this is going to be -- i will bet you the olympic committee right now is scratching their heads saying what were we thinking. >> and i have to go, but i was going to ask you that. is that something that should have been considered, these possibilities of such a complicated area when they were choosing the location for the winter games? >> one would think. one would think. but evidently somebody made the decision and now they're in a very nasty part of the world with and ongoing war inside the country located gist several hundred miles to the east of where everyone will be showing up to par take in the olympics. >> thanks so much for your insight. more attempts are under way right now to save passengers on

a ship trapped in the ice near antarctica. we'll have an update on the rescue efforts at the bottom of the world. also, the ntsb hitting a snag in determining what caused the explosive train derailment in a small authoriull north dak. and how people are coping. >> the two front locomotives were severely damaged, severely burned. and so at this point we're not opt his tick that we will be able to retrieve data from those record recorders. tick that we will be e to retrieve data from those recorders. there's a new form of innovation taking shape.

at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal. new safety concerns raised after a train derailment and explosion in north dakota. monday's fire burning so hot,

emergency crews couldn't even try to put out the flames for more than a day. and now investigators say the data recorders may not be recoverable. people in the town say things are getting back to normal, but the mayor still says he wants official if i recalls to do more to guarantee the safety of the transportation of oil across the country. >> more than 50 peoples are still stuck on that ship in antarctica that is trapped in thick ice. those passengers took to storming the snow and the ice. here you can see it on your screen, all tied together in case one went under. they're trying to make a flatter surface for a helicopter landing. russian girls have said that a chopper will try to rescue them, but the weather has to first clear. amy kellogg joins us live there london with the latest. my daughter was asking about that a week ago, yp just rescue

them with a chopper. but you have he saavy winds. >> right. the conditions that caused the ice to form are the same conditions that are making it really dangerous for a helicopter to actually fly the short distance from the chinese ice breaker that is in position with the chopper to the ship that is stranded. now, i don't want to jinx things, but the australian mary time safety authority just put out a tweet saying the conditions around the stranded ship had improved this morning, it's morning over there, and that rescue operations could begin soon. but it's been extremely touch and go over these days. the twitter sphere has been lighting up. some kriz sighticriticizing the others defending it. those 74 passengerssphere has b lighting up. some criticizing the work, others defending it. those 74 passengers and crew

have been putting on brave and festive faces for the new year which they he spent stuck in ice 16 feet thick. they composed their own little song to fit the circumstances and rang in 2014 in unique style. they pack the ice down to reinforce it as a make shift landing pad for the chinese helicopter which will ultimately come to whisk them to the other ice breakers that could not make it over to the ship abo. they were trying to recreate a famous expedition that took place a century ago. the chopper will need to make seven trips to get every off board. they will move to a chinese outbreaker. they have been stranded since christmas eve. their mission began on november 28th. it's interesting to note that this expedition that they're honoring of course happened 100 years ago and there weren't ice breakers to help out.

two of the key people on that expedition perished. this time they're not saying that anyone's self in jeopardy. back to you. >> amy, thanks very much for the update. well, next the debate on raising the federal minimum wage. what some recent polls are saying as democrats plan to make it a big issue in this year's elections. could that strategy work. and we'll talk about it, a fair and balanced debate. plus a big winter storm is on the move which could mean we'll be set up for more than a foot of snow before the week is over. we'll fill you in on that. and one state making history, listen to this one, for the first time in the u.s., adults can legally buy marijuana in a store. and that drew a crowd. so the question is, could colorado's experiment spread to other states? . >> january 1st will be even more historical day than today because we will actually end the prohibition of marijuana here in colorado. >> the opportunity out there for everybody is around 2.5 million

recreationally. >> like selling liquor after prohibition.

prohibition.

former civil rights attorney convicted in a terror case granted an early release from prison by a new york judge. she was convicted in 2005 of helping the man known as the

blind sheikh communication with his followers. he'd been convicted of plotting to blow up buildings this new york. secretary of state john kerry heading to israel. he is set to arrive tomorrow to present a framework for a peace deal to mahmoud abbas and benjamin net i canyahooi can't . and this system setting its sights on the northeast. 0 degrees expected in much of the region. so crawl into bed and pull up the contractor. and minimum wage in 13 different states set to go up and some democratic lawmakers say raising if on the federal level will be a big issue in the midterm elections come this november. take a look now at these recent gallup polls. most support raising the minimum

wage while small business owners looking at this, they say that their businesses will suffer if lawmakers raise it. so joining us you now, democratic strategist and republicanist strate strategist. beth, let me start with you on this one. why is increasing the minimum wage a good idea? >> this will affect about 30 million people. it helps to lift people out of poverty or those on the margins. keep them from getting there. you increase the minimum wage, you're put building 48 w$48 bil into the marketplace and if it's a two parent household, at least one of those parents will actually get a raise this year. so this is actually helping a lot of families around the country in multiple states. of the sort of rich countries around the world, girl anermany britain, we're actually on the

low end of the spectrum. so this is a good thing, it helps the economy and prevents a lot of families from sliding further into poverty. and it actually helps with the income inequality that is going on in this country. >> so since 2009, the federal minimum wage is 7 bpt $2is.25 a you're saying don't raise it. >> i have to tell you, i think anytime the government tells businesses what to do, .25 an h you're saying don't raise it. >> i have to tell you, i think anytime the government tells businesses what to do, it didn't work. even in new jersey, they will connect to inflation so they raise the minimum wage automatically. so i think that is something that is kind of scary. but then you get to the small businesses, those are the ones, those are the people who rely suffer. and i know that my family owned a small business. absolutely no way they would be able to pay the minimum wage a federal mandate that would be the same for new york as it is in indiana. this is a state's thing.

and i don't think anyone should have a than date. >> but you realize there are 21 states that already have a minimum wage greater than the federal machine dandate. >> whenever the businesses are forced guy the government, it won't work out well. why should the government tell these businesses how much to pay people? how about going on merit? look, if i'm a slacker and bahe a go getter, he should get the pay. >> the resumption is that those folks are slackers and they're not. >> but some are. come on, some are. >> i can't make that assumption. i have to believe that people are hard working, they want good jobs and great wages. but when you have the price of food skyrocketing, it's much

more difficult for these individuals to be able to survive. >> what about the small businesses? >> i take that to some september. there are about 30 years of research that talks about the impact it that minimum wage increases has on small businesses. an equal at of research that says that it's either harmful or helpful. i think it's inconclusive. >> i'm telling you, there is no way they would survive. there would be kid, people who would lose jobs because they can't survive and they cannot pay this amount of money. the government should butt out in this. >> from a federal perspective, as you talked about earlier, there is sort of this -- a lot of states go higher than that and as you said, tying to the inflation rate. so i think individual states, new york will be different from kentucky, from mississippi. >> and they should be. >> i agree with that. but i don't think we should cut off the conversation and make it just about small businesses. i think that's important. it's an check generator.

but i also think we should be focused on these families and the amount of money that they can -- >> and the antique store will be put out of business for it. >> you've both raced some great points. so maybe the guys and lady this is washington can have this dialogue that you're having. i appreciate it. some high hopes now for the new year as the nation's first recreational marijuana stores open up in the state of california. long lines of folks gathered to buy legal pot now. it's part of an experiment expected to spread perhaps to several other states. dan is live in saelgeattle with story. >> this first day of legal pot sales ever in the u.s., business appearing strong. the doors opened at 8:00 in the morning in colorado and right after that, a long steady line formed at this pot retail store in denver.

one of 34 across the state licensed to sell. the first customer was an iraq war veteran who says marijuana helps him with his ptsd. the new pot businesses are seeing major changes ahead. >> i know the rest of the nation is watching, the whole world is watching. i feel like this is the beginning and end of cannabis prohibition. >> washington state has seen 5,000 people apply to get a piece of the pot business. some sellers, growers and wholesalers. state officials are still deciding how to carve up this brand new market. the federal government still views pot as a schedule one drug, same as heroin, but the doj promised not to sue to block legalization as longs a the industry was regulated. it is still illegal to smoke in public. but big up answered questions. how will employers treat employees who light up legally at home but have it in their

system at the job site. >> they will be watching closely. it's important that marijuana does not cross state lines, that it does not end up in the hands of children. and that the quantities really do stay very limited. >> and, yes, states have a financial unsend difference to sell tons of it to bring in big tax dollars. this first year alone, colorado is expected to get $70 million from the tax of selling legal marijuana. >> light up a stick, sayings increasingly used in the american vernacular. dan springer, thanks very much. okay. we move on thousand. so as people were ringing in 2014, duck dynasty star willie robertson and his wife, cory,

joined our all american celebration and spoke about his controversial marks that his father made and his father was suspended by a&e since it's been reversed as you know about his remarks about gays. take a listen. >> you have been in the news for weeks now. this is our first opportunity to ask you you about what went on. what did yyou think of a&e's decision regarding your father a couple weeks ago? >> well, we're just glad for be back to work. a&e and us are fine, the robertsons are looking forward to getting back to making some funny shows and for many years. we're toward break in a new year and start it all over again. >> i bet. well, congratulations about so that now you've made a decision to go back with a&e for another season. how did you looking forward to

2014, how did you arrive at that decision to stay with the network? >> we're just ready to get started. we got a new season coming up in a complain he wiuple weeks. we'll be moving forward and ready to move on. i think we all learned a lot and we're just ready to move on. the family is happy and we're ready to go. i got to make sure my guys are back there doing the duck calls. >> you know, beards are back. >> is that right? >> yeah. he's leading the way. willie and the entire family. except for the women. why want to go there. a major decision by a supreme court justice as obamacare plans to go into effect full on today. but it could mean big changes for the president's signature law. we'll take a closer look at it for you. [ male announcer ] this is kevin. to prove to you that aleve is the better choice for him, he's agreed to give it up.

that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

the white house reacting after a major blow to obamacare for now just hours before new federal insurance plans take effect. supreme court justice sonia sotomayor tell rarely blocked the controversial mandate forcing religious affiliated employers to provide contraception coverage for their employees. and leaving the white house just days to decide what to do next. molly is live in washington with the latest. >> reporter: justice sotomayor gave the obama administration until friday morning to submit a response. and said the government has to hold off on enforcing the contraception mandate on a group of nuns for now. the little sisters of the poor oppose birth control and don't want it included in health insurance offered to their employees who help their run nursing homes around the country for low income elderly people. already the decision has gotten the attention of lawmakers. one of them missouri republican senator roy blunt put out a

statement saying no american should be forced to surrender their religious freedom or abandon their deeply held religious beliefs. i applaud justice sotomayor's move to block this overreach which violates americans' constitutional rights. but the obama administration says it already has made accommodations for some churches and other nonprofit religious groups such as the little sisters of the poor allowing them to opt out of the mandate. then the insurers would have to provide separate contraceptive coverage to the group's employees. a white house official said today in response to justice sotomayor's decision that the administration, quote, remains confident that our final rules strike the balance of providing women with free contraceptive coverage while preventing nonprofit religious employers with religious objections to contraceptive coverage from having to contract, arrange, pay, or prefer for such coverage. but the little sisters of the poor get their health insurance from a catholic based employee

benefits trust which also does not want to provide contraception coverage in its plans. for now, they won't have to. but if the mandate is ultimately upheld, then the little sisters would be facing millions of dollars in obamacare fines if they don't comply. >> molly, thanks. the delay is just the latest uphill battle for the so-called contraception mandate. the supreme court also expect to go hear two other cases this session trying to keep faith based organizations from having to comply. what about this? let's turn now to doug burns, former federal prosecutoprosecu. so the supreme court has delayed the birth control mandate for now. how do you see this unfolding? >> well, i think justice sotomayor's decision in granting this telegraphs that this is going to he said end up in the court because what is interesting about it, as we were covering it back at the beginning, people were saying

and they were correct, well, why can't you come up with a carve out or opt out. but there's a couple problems with that. number one, the institution is saying just forcing us to ask another insurer to do this violates our religious beliefs. and that is not a strained argument. and, two, who will pay for it? you can't just have this sort of fictional carve out to somebody else. s on os tepsbly the entity objecting has to pay for it. >> let's talk about several other potential lawsuits and some that exist because this is far from over. president obama's of the employer mandate according to common law experts, some of them say it's unconstitutional, he doesn't have the power to stop the implementation of a law that congress passed and he signed in to law. and of course we know that the constitution demands that he faithfully execute federal

statutes as written. so is that another legal challenge that only begins today because nobody had legal standing to sue up the law went into effect? >> it is. and we remember this from the immigration issue where the administration came out essentially saying, look, we'll suspend the enforcement of certain laws. and again, i can understand that there are two view points on this, but frankly, look, as you said, and you're right, the president if something is validly enacted, it has to be implemented. you can't have the president by executive order saying we'll delay this until 2015, put aside by the way the obvious political argument when that little event called midterm locations. but the reality is i agree, i don't think the executive branch can or should just suspend the enforcement of a law. >> and after all, the obama administration argued that this was integrated and the key is the mandate and suddenly now the president has brain an important

mandate. all right. doug, we'll take a quick break. when we come back, there are other lawsuits that may put a break on obamacare.

the legal challenge to obama care ojust now beginning becaus you have to show sfarkt you'll harm, not 2450e receipt cal harm. and you can only have factual harm at the stroke of midnight. doug, the one i do expect to be filed by someone is that, wait a minute, under the constitution of the supreme court, the states have the responsibility to regulate and discipline doctors, obama care oig shifts that to the feds. it's arguably unconstitutional. >> i think you're right.

there are so many different issues coming up from obamacare, issues as you reference standing, who is harmed, when can they sue, what does a tax or penalty kick in. and the one you identified is definitely headed for the courts. >> and i'm surprised this hasn't gotten more attention when you look at the constitution, it says any revenue raising measure must come from the house of representatives. that is a fundamental concept. this came from the senate. there there are so many separations of power issues and that's really what this is all about. an executive you suspending the enforcement of the law, revenue coming from somewhere not provided in the constitution. and the separation of powers is becoming fuzzier and fuzzier. >> the other one still ongoing. subsidies only apply to the state exchange, not the federal exchange. and if that is upheld, it rips the heart out of obamacare. doug, wish we had more time. happy new year to you.

thanks for being with us. >> you, too. well, parts of the country dealing with very frigid temperatures this new year's day. but that is not stopping some revelers from taking the plunge. where these people braved the cold. we'll tell you. [ male announcer ] this is george. the day building a play set begins with a surprise twinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

all right, i know this isn't any fun to talk about, but we should. ok, so who's going to do what? i'll pack the dead batteries. great. girl: i'll only put what i don't need into a duffle bag. perfect. that's totally unhelpful. no problem. meanwhile, i will try to comfort everyone by speaking in a calm voice. and i'll try to get the generator going without any gas. oh, let's not forget the cell phones, which probably won't work. right. and who is going to handle supplies? i can forget to do a list for us. thanks, pal. well, i think we couldn't be any less prepared. i'm proud of you guys.

announcer: talk to your kids about who to call, where to meet, what to pack. visit ready.gov/kids for tips and information. ♪ so most people ring in the new rear with cocktails. but these people had another idea in mind. >> in maine, revelersyrear with. but these people had another idea in mind. >> in maine, revelersear with c. but these people had another idea in mind. >> in maine, revelers taking

part in the polar bear plunge. it was after a 5 k race. the event helped raise money for an environmental charity. >> good for them, but i couldn't do it. thanks for watching. fox news our story begins now. >> happy new year. they said it could not be done. they said there was not enough news to go around. nearly two decades later, fox news channel and you our viewers have proven them wrong. welcome to fox news, our story. the channel launched from a more modest studio october 7th, 1996. and from the beginning there has been a mission, fair and balanced news. and a motto, we report. you decide. today i can